Prosecutors to Seek Death Penalty in Aurora Shootings

4/1/2013 12:27PM

Prosecutors will seek the death penalty against James Holmes, accused of 12 first degree murders and scores of other crimes in a mass shooting at a movie theater near Denver last July. Ashby Jones reports. Photo: AP.

This transcript has been automatically generated and may not be 100% accurate.

... I ... it is money of course welcome to lunch break I'm Wendy downs prosecutors will seek the death penalty for alleged Colorado movie theater shooter James Holmes WSJ's Will reply Ashby Jones joins me right now ... with the de tails ... actually they were Wayne is happening on the right conclusion to seek death telling you they take into account ... the family of the victim's wishes here he beat to win and that's not required but something that the prosecutors in this case decided to do that one out and ... allegedly spoke to the hundred or so family members aam and they have shown a hundred shows you the magnitude executives Tuesday to sell broad impact was and they didn't release you know what what the Pope was to speak but top ... but the sense is that that that the victims and families etc we really wanted one of the death penalty case James Holmes accused of committing twelve first degree murder scores of other crimes in that match hitting the high end of the Decatur dividends last ... July ... and Colorado The deftly is by lethal injection but there are two parts to this capital case will go through that right there are two parts and this is this is common across the country in states that have the death penalty ... the first age is yet to find deals ... um and then the second stages go to coast that separates separate part of the trial goes the jury ... whether or not the difficulty should then be imposed and that in in this case is likely to be where most of the action ... aam these are very contentious proceedings ... of the defense lawyers were put on of put on a lot of evidence that he should not be should top the ... Philippines can and will talk about that just a moment but but the standard for that is is they have to convince the jury that that they're aggravating circumstances and not to warrant going to this level that represents a no-go convict him for Zoellick a victim of murder and enter need to be of sufficient number of aggravating circumstances such that this was done on in premeditated leave ... on that this was done with happiness disregard for life there a lot of the Lord lays out a lot of the so-called ... aggravating circumstances in the defense portion pressure mitigating circumstances on the other hand to try to ... come and get the jury not to not to impose the death penalty I mean these are things like you know he ... he was ... he was he was troubled aam the CEO of the other sorts of circumstances which would ... often convince a jury not to include what about entering a plea of insanity ... that's can be a very controversy All Hot topic here in this the defense is not yet decided whether or not there to do this ... they are thinking about it it's very risky because is one person told me this morning ... what you do when you plead insanity is you say yes I did ... and bought via but I was insane above that it was insane ... say you face the wall right up to the line ... and hope that the jury ... the fines that your insanity defense really wasted a lot to everyone you if you and and and and stopped to buy a lot of ... D tells that come out now selling sort of ... the planning vision meticulous ... an awful planning going into this mass murder ... that's right and the prosecution will try to show that those are mitigating ... mitigating ... Circuit Court to be aggravating consensus ... on showing that this was very premeditated etc on the defense will try to show that a lot of that stuff should not come in on all there's been ... on word of of leeks leaks to the press etc stuff evidence Getting Adult that shouldn't have done now and I know the defense to try to keep that ... aam from the eyes the jury aren't Ashby Jones think semester being with us more